AB 1604

Existing law prohibits a person from manufacturing, selling, or distributing in commerce any juvenile’s feeding product or juvenile’s sucking or teething product, as defined, that contains any form of bisphenol, as defined, at a detectable level above the practical quantitation limit, as determined by the Department of Toxic Substances Control, except as provided. This bill would prohibit, on and after January 1, 2027, a paper proof of purchase provided to a consumer by a business or created by a manufacturer from containing intentionally added bisphenol A, as defined, and, on and after January 1, 2028, from containing any intentionally added bisphenols, as defined. The bill would specify that a violation would be punishable by a civil penalty not to exceed $5,000 for a first violation, and not to exceed $10,000 for each subsequent violation. The bill would require all penalties collected pursuant to this bill to be deposited into the Toxic Substances Control Account, to be available for expenditure by the Department of Toxic Substances Control upon appropriation by the Legislature, as specified. The bill would authorize the department, the Attorney General, a county counsel, a district attorney, or a city attorney to enforce these provisions and would entitle a prevailing plaintiff who establishes a violation of these provisions to an award of reasonable attorney’s fees and costs. The bill would require a manufacturer to use the least toxic alternative when replacing any form of bisphenol in a paper proof of purchase product. The bill would also prohibit a manufacturer from replacing any form of bisphenol pursuant to these provisions with chemicals known to cause cancer or reproductive harm, or with any chemical identified by the department as a Candidate Chemical, as specified.